[Jenita Ferguson]

Wondering if any other councils have utilised Sheriffs sale for the recovery of rates as opposed to S713 sale of land? If so, what was your experience and the effectiveness? What were the pro’s/con’s?

Many thanks in advance
Jenita

[Susan Scott]

I sure hope someone can answer this Jenita, as our debt recovery agency is suggesting we sue a Sheriff’s sale. It would be good to know more about his process before taking any decision.

[James Bentley]

Hi Jenita, if you’re talking about the execution of a writ for the levy of property, I would seriously recommend that you consider other alternatives. Our experience is that the Sheriff’s Office looking after our area is increasing slow to execute these writs, and frequently Council receives correspondence from the Sheriff stating that the writ has not been executed due to various organisational exigencies. No further action can take place while you await execution, and if nothing eventually happens, you’re back where you started and the property owner owes even more. Perhaps your particular Sheriff’s Office is a little more pro-active. I believe it’s much more effective to serve an examination notice, followed up by an examination summons. The latter comes with the warning of potential apprehension if the summons is ignored, which in our experience can be surprisingly persuasive. A bird in the hand comes to mind. I’m interested to hear of others’ experiences. All the best, James.

[Todd Cowan]

Hi Jenita,

Sheriff Sale (Writ on Title) has be rates judgement debt greater than $10,000
Haven’t used it yet, but going to attempt to update our Debt Recovery Procedure to use it.

Regards
Todd @ Burwood

[Dallas McConnell]

Hi Jenita,

We currently don’t explore this option for Writ on Title, to be honest I don’t understand enough of the process to weigh up the pro’s and cons (and costs) of this option versus going through the costly process to bankrupt an individual. We do currently do Sale of land also, but our process is continually changing with our learning’s after each auction. Happy to talk further if you need and I might do some research into the Writ on title.

Hi James,

My experience with the sheriffs office is a very sceptical one. I understand in Western Australia Baycorp (I believe) bought out the sheriffs department some years ago and privatised it with good results. I have heard it may be privatised across the Country.

I have zero faith in the writ on property process, to the point I had a meeting with the head of the sheriff’s department here in Wollongong, and he advised the sheriffs are now told to make an assessment themselves on the goods value and if they don’t believe they will sell then to put it down as a non-seizure. I have plenty of horror stories regarding this process since I have moved to Local Government a few years ago I can share offline.

[Ron Peters]

Hi Dallas,

We researched the process in detail last year, including process details plus useful nuances and insights from the Sheriff’s Office.

Very happy to share with you if it saves time for you and speeds up your research.

I can drop in a briefing doc at a convenient time to you.

Best wishes,

Richard
0434 222032

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